Dead-born

DEAD-BORN, descent, persons. Children dead-born are considered, in law, as
if they had never been conceived, so that no one can claim a title, by
descent, through such dead-born child. This is the doctrine of the civil
law. Dig. 50, 16, 129. Non nasci, et natum mori, pare, sunt. Mortuus exitus,
non est exitus. Civil Code of Louis. art. 28. A child in ventre sa mere is
considered in being, only when it is for its advantage, and not for the
benefit of a third person. The rule in the common law is, probably, the
same, that a dead-born child is to be considered as if he had never been
conceived or born in other words, it is presumed he never had life. it being
a maxim of the common law, that mortuus exitus non est exitus. Co. Litt. 29
b. See 2 Paige, R. 35; Domat, liv. prel. t. 2, s. 1, n. 4, 6; 4 Ves. 334.

'Then, madam,' says she, 'if the child should not live, or should be dead-born, as you know sometimes happens, then there is the minister's article saved; and if you have no friends to come to you, you may save the expense of a supper; so that take those articles out, madam,' says she, 'your lying in will not cost you above #5, 3s.

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